Project approved by the Senate's CDH provides for the suspension of carrying weapons and removal of places where the offended person lives for children under 14
As a mechanism to protect children and adolescents who are victims of violence, the CDH (Senate Human Rights Commission) approved, on March 13, the bill that extends the urgent protective measures provided for in the Maria da Penha Law (11,340/2006) for cases of violence against children under 14 years of age.
The text, from the senator Leila Barros (PDT-DF), also prioritizes the care of minors in programs to protect witnesses and victims of violence. The matter now goes to the CSP (Public Security Commission) for a final decision.
O PL 4,607/2020 amends the Child and Adolescent Statute (law 8,069/1990) so that at any stage of the investigation or criminal process of a crime involving physical, sexual or psychological violence against children under 14 years of age, the judge can apply the urgent protective measures of the Maria da Penha Law. Especially in cases where violence has been committed by people who should be responsible for the development of the child or adolescent.
Protective measures include the suspension of possession or restriction of carrying weapons; the removal of the home or place where the offended person lives and the prohibition of approaching the victim, their family members and witnesses.
Also according to the project, institutions must respond jointly with whoever causes the damage, with the duty to pay compensation resulting from acts or omissions of their servants, employees or representatives who protect or encourage violence against minors, or when they characterize a failure in the duty of supervision. .
The favorable opinion of the rapporteur, senator Humberto Costa (PT-PE), was read by the rapporteur, senator Flavio Arns (PSB-PR). He stated that the measure fulfills the State's obligation to protect these people.
“Children and adolescents must receive priority treatment in witness and violence victim protection programs. As can be seen, this is, once again, about giving effect to the constitutional mandate that imposes on the State to ensure the absolute priority of the right to life and dignity of children and adolescents.”.
With information from Senate Agency.
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